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Home My WebLink About07-2474ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com MONICA PENDELTON, Plaintiff V. ROBERT HETRICK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 61- x(17 ! C, L-U L. CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. ORIGINAL 352518 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford St., Carlisle, PA 17013 TELEPHONE 717-249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se persentan mds adelante en las siguientes pdginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a , las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mds aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford St., Carlisle, PA 17013 TELEFONO 717-249-3166 352518 ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com MONICA PENDELTON, Plaintiff V. ROBERT HETRICK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. D7 .2y7tj e?C: L CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Monica Pendelton is an adult individual and citizen of the Commonwealth of Pennsylvania who resides in Harrisburg, Dauphin County, Pennsylvania. 2. Defendant Robert Hetrick is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 1189 Greenspring Road, Newville, Cumberland County, Pennsylvania 17241. 3. The facts and occurrences hereinafter related took place on or about June 23, 2006, at approximately 12:30 p.m. on High Street in Carlisle, Cumberland County, Pennsylvania. 4. At that time and place, Monica Pendleton was operating a 2002 Hyundai Sonata and was stopped at a crosswalk on High Street. 5. At the same time and place, Defendant Robert Hetrick was operating a 1990 Honda Civic and was traveling west on High Street, approaching Plaintiff Monica Pendelton's stationary vehicle. 6. As Monica Pendelton was stopped at the crosswalk for pedestrians, the front of Defendant Robert Hetrick's vehicle collided into the rear of Ms. Pendelton's stationary vehicle. 352518 7. The foregoing accident and all of the injuries and damages set forth herein sustained by Monica Pendelton, are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant Robert Hetrick operated his motor vehicle as follows: a) failure to have his vehicle under such control as to be able to stop within the assured clear distance ahead; b) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the roadway; c) failure to apply his brakes in sufficient time to avoid striking the rear of Plaintiffs vehicle; d) driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 8. Plaintiff Monica Pendelton sustained painful and severe injuries which include, but are not limited to, a chest contusion, thoracic and lumbar sprains with contusion of her sacral area, pain in the back of her legs, an injury to her tailbone, and headaches. 9. By reason of the aforesaid injuries sustained by Monica Pendelton, she was forced to incur liability for medical treatment, medications, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 10. Because of the nature of her injuries, Monica Pendelton has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 11. Monica Pendelton has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 352518 2 12. Monica Pendelton continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. 13. As a result of the aforementioned injuries, Monica Pendelton has sustained work loss, loss of opportunity and a permanent diminution of her earning power and capacity, and claim is made therefor. WHEREFORE, Plaintiff Monica Pendelton demands judgment against Defendant Robert Hetrick in an amount in excess of Fifty Thousand Dollars ($50,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. ANGINO & ROVNER, P.C Date: -hie --o) ? t VVVT avid L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiff 352518 3 VERIFICATION I, Monica Pendelton, Plaintiff, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. A Witness Q'?4 Monica Pendelton Dated: 352518 N N h :o 4 ?J not z ac,a c,s L? -ri -n :' ern ?i _.c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MONICA PENDELTON, CIVIL DIVISION Plaintiff, NO. 07-2474 V. PRAECIPE FOR APPEARANCE ROBERT HETRICK, Defendant. (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15471 1 ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MONICA PENDELTON, CIVIL DIVISION Plaintiff, V. NO. 07-2474 ROBERT HETRICK, (Jury Trial Demanded) Defendant. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Defendant, Robert Hetrick, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: n D. Rauch, Esquire nsel for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 16TH day of May, 2007. David L. Lutz, Esquire Angino & Rovner, P.C. 4503 N. Front Street Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Ke in u. Kaucn, tsqui C nsel for Defendant r "? ? -?-ti ?. '"; ? ' = yam, ,_s '? ?: c "'J ??J ..- ?S°i 1 ,( e't IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MONICA PENDELTON, Plaintiff, CIVIL DIVISION NO. 07-2474 V. ROBERT HETRICK, Defendant. TO: Plaintiffs You are hereby notified to file a written Response to the enclosed Answer and New Matter within twenty (20) days From service hereof or a judgment May be entered against you. Summers, McDonnell,°Hudock, Guthrie & Skeel, L .L.P. ANSWER AND NEW MATTER (Jury Trial Demanded) Filed on Behalf of the Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #15471 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MONICA PENDELTON, CIVIL DIVISION Plaintiff, V. NO. 07-2474 ROBERT HETRICK, (Jury Trial Demanded) Defendant. ANSWER AND NEW MATTER AND NOW, comes the Defendant, Robert Hetrick, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Answer and New Matter and in support thereof avers as follows: 1. After reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part, specifically denied in part. It is admitted that the Defendant was traveling west on High Street, approaching Plaintiff's stationary vehicle. It is specifically denied that the Defendant was operating a 1990 Honda Civic. To the contrary, the Defendant was operating a 1994 Honda Civic. 6. Admitted in part. It is admitted that the Plaintiffs vehicle was stopped at a crosswalk when the front of the Defendant's vehicle collided into the rear of the Plaintiffs vehicle. As to the remainder of the averments in Paragraph 6, after reasonable investigation, the Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 7. Admitted in part, denied in part. It is admitted that the Defendant negligently operated his vehicle on the date, time and place of the subject accident. The remainder of the averments in paragraph 7, and all of its subparts, state legal conclusions to 'hich no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e) Strict proof thereof is demanded at the time of trial. 8. Paragraph 8 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 9. Paragraph 9 states a legal conclusion to which no response is required. To the extent, 'however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 10. Paragraph 10 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 11. Paragraph 11 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 12. Paragraph 12 states a legal conclusion to which no response is required. To the extent, `however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 13. Paragraph 13 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029 (d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Robert Hetrick, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 14. The motor vehicle accident in controversy is subject to the Pennsylvania Motor Vehicle Financial Responsibility Law and this Defendant asserts, as affirmative defenses, all rights, privileges and/or immunities accruing pursuant to said statute. 15. Some and/or all of Plaintiffs claims for damages are items of economic detriment which are or could be compensable pursuant to either the Pennsylvania Motor Vehicle Financial Responsibility Law and/or other collateral sources and same may not be duplicated in the present lawsuit. 16. To the extent that the Plaintiff has selected the limited tort option or is deemed to have selected the limited tort option then this Defendant sets forth the relevant provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law as a bar to the Plaintiffs ability to recover non-economic damages. 17. This Defendant pleads any and all applicable statutes of limitation under Pennsylvania Law as a complete or partial bar to any recovery by Plaintiffs in this action. WHEREFORE, Defendant, Robert Hetrick, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: "14xz? ?Jj 0_ Kevin D. Rauch, Esquire Counsel for Defendant VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing ANSWER AND NEW MATTER is based upon information which he has furnished to his counsel and information which has been gathered by his counsel in the preparation of the lawsuit. The language of the ANSWER AND NEW MATTER is that of counsel and not of the Defendant. Defendant has read the ANSWER AND NEW MATTER and to the extent that the ANSWER AND NEW MATTER is based upon information which he has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the content of the ANSWER AND NEW MATTER is that of counsel, he has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. r^'` Date: j f - ?7 Robert Hetrick #15471 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER AND NEW MATTER has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this ? day of 1-f? , 2007. David L. Lutz, Esquire Angino & Rovner, P.C. 4503 N. Front Street Harrisburg, PA 17110 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: Q?j Kevin D. Rauch, Esquire Counsel for Defendant d C.> c 3 SHERIFF'S RETURN - REGULAR CASE NO: 2007-01474 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBE LAND PENDELTON MONI V HETRICK ROBERT KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland Coun y,Pennsylvania, who being duly sworn according to law, says, the withi COMPLAINT & NOTICE was served upon HETRICK ROBERT the DEFENDANT ,I at 1645:00 HOURS, on the 10th day of May , 2007 at 1189 GREENSPBING ROAD NEWVILLE, PA 172141 ROBERT HETRICK by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the sameltime directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 15.36 Not Found .39 Surcharge 10.00 .00 ,61 q/o f Q?,11 4 3. 7 5 Sworn and Subsci ed to before me this of So Answers: Iz R. Thomas Kline 05/11/2007 ANGINO & ROVNER By. day Dep ty Sh f A. D. ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attorney ID## : 35956 4503 North Front Street Harrisburg, PA 17110-1708 PHONE: (717) 238-6791 FAX: (717) 238-5610 Attorney for Plaintiff: E-mail: dlutznangino-rovner.com MONICA PENDELTON, Plaintiff V. ROBERT HETRICK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-2474 CIVIL TERM JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: David L. Lutz, Esquire, counsel for the Plaintiff in the above action (or actions), respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $50,000. The counterclaim of the Defendant in the action is $0. The following attorneys are interested in the case(s) as counsel or otherwise disqualified to sit as arbitrators: David L. Lutz, Esquire; Erick Violago, Esquire; Kevin Rauch, Esquire. 366585 WHEREFORE, your Petitioners pray Your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Date: I i ° 'V1 Respectfully submitted, ANGINO & ROVNER, P.C. Davi L. Lutz, Esquire I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff 366585 a CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PETITION FOR APPOINTMENT OF ARBITRATORS upon all counsel of record via postage prepaid first class United States mail addressed as follows: Erick Violago, Esquire Kevin Rauch, Esquire Summers, McDonnell, et al. 1017 Mumma Road Lemoyne, PA 17043 Attorney for Defendant Dated: 366585 X73 -?, G OCT 10 2007 f4lxj MONICA PENDELTON, Plaintiff V. ROBERT HETRICK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-2474 CIVIL TERM JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this 11 day of , 2007, in consideration of the foregoing petition, 0• ) ; Esq. Esq. and Esq. are appointed arbitrators in the above- -) KA_ captioned action as prayed for. BY CO C'AVI P.J. d? 366585 r ON j CJ N ? MONICA PENDELTON Plaintiff ROBERT HETRICK Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 07 _ 2474 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will su port, obey and defend the Constitution of the United States and the Constitution of this Commonwe and that we will discharge the duties of our office with fidelity. An4i Signature C. Roy Weidner, Jr. Name (Chairman) Johnson, Duffie Law Firm 301 Market St. Address Lemoyne, PA 17043 City, Zip Name Law Firm P.O. Box 173 Address New Cumberland, PA 17070 City, zip x -? Si e 7/ John J. Mangan, III Name Jayl i-V k MAncian Law Firm 17 West South St_ Address Carlisle, PA 17013 City, zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) 1' b= F-DR _PAAlIf fi F ft) 1-7- lb . Arbitrator, dissents. (Insert name if applicable. Date of Hearing: 1/28/08 Chairman) . 1/28/08 Date of Award: ?z Notice of Entr* of A.v?ard Now, the ?q* day of , 200L_, at 9:5(o , A M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. fiubiLLaters' compensation to be paid upon appeal: DO By: Prothonotary Deputy Karl M. Ledebohm ?r A? Do D. 0, i ??cb P,.O? NaL ANGINO & ROVNER, P.C. David L. Lutz, Esquire Attomey ID# : 35956 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: dlutz@angino-rovner.com MONICA PENDELTON, Plaintiff V. ROBERT HETRICK, Defendant To The Prothonotary of Cumberland County: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07-2474 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE Please mark the above-captioned action settled, satisfied, and discontinued. ANGINO & ROVNER, P.C. David L. Lutz I.D. No. 35956 Date: 4:349 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 -phone (717) 238-5610 - fax dlutz@angino-rovner.com Attorney for Plaintiff ORI??NA? 353990 {Q 'r?Lt ? ?? } :yam tr,.. CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PRAECIPE upon all counsel of record via postage prepaid first class United States mail addressed as follows: Erick Violago, Esquire Kevin Rauch, Esquire Summers, McDonnell, et al. 1017 Mumma Road Lemoyne, PA 17043 Attorney for Defendant Dated: 353990 rn•3 i r7 C „